Overnite Transportation Co.

6 Cited authorities

  1. American Hospital Ass'n v. Nat'l Labor Relations Bd.

    499 U.S. 606 (1991)   Cited 167 times
    Holding that statements in committee reports were not binding on the agency and do not "ha[ve] the force of law, for the Constitution is quite explicit about the procedure that Congress must follow in legislating"
  2. Labor Board v. Metropolitan Ins. Co.

    380 U.S. 438 (1965)   Cited 180 times
    In Metropolitan Ins. Co., supra, at 444, we made it clear that "`courts may not accept appellate counsel's post hoc rationalizations for agency action.'"
  3. Nat'l Labor Relations Bd. v. Lundy Packing Co.

    68 F.3d 1577 (4th Cir. 1995)   Cited 18 times   2 Legal Analyses
    Finding N.L.R.B. had improperly excluded quality control workers from manufacturing and production bargaining unit noting N.L.R.B.'s consistent prior findings that such quality control workers "perform a function which is an extension of and integrated with the manufacturing process." (quoting Bennett Industries, Inc., 313 N.L.R.B. No. 254 (June 3, 1994))
  4. N.L.R.B. v. Metropolitan Life Insurance Co.

    405 F.2d 1169 (2d Cir. 1968)   Cited 33 times
    In N.L.R.B. v. Metropolitan Life Insurance Co., 405 F.2d 1169 (2nd Cir. 1968) certain supervisors were erroneously included in the bargaining unit.
  5. Ritz-Carlton Hotel v. Nat'l Labor Relations Bd.

    123 F.3d 760 (3d Cir. 1997)   Cited 3 times
    Concluding that 29 C.F.R. § 102.67(f), providing that failure to request Board review "shall preclude such parties from relitigating, in any subsequent unfair labor practice proceeding, any issue which was, or could have been, raised in a representation proceeding," is an exhaustion requirement that does "not purport to preclude the issues which a reviewing court may consider," and noting that "the Board [would not] have the power to do so"
  6. Texas Pipe Line Company v. N.L.R.B

    296 F.2d 208 (5th Cir. 1961)   Cited 10 times

    No. 18703. November 30, 1961. Oliver J. Butler, Jr., Houston, Tex., for petitioner. Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Dominick L. Manoli, Assoc. Gen. Counsel, N.L.R.B., Julius G. Getman, Atty., N.L.R.B., Washington, D.C., Stuart Rothman, General Counsel, Melvin J. Welles, Attorneys, National Labor Relations Board, Washington, D.C., for respondent. Before HUTCHESON, RIVES, and WISDOM, Circuit Judges. WISDOM, Circuit Judge. This dispute grows out of a National Labor Relations Board